I have a question about Alabama law and garnishment.
If a person was served via certified mail about a small claims case from a creditor and they never answered and then the creditor received a default judgment. Wouldn't the creditor still have to notify the defendant about the garnishment BEFORE the garnishment took place?
This is regarding a default judgment back at the beginning of September 2009. The defendant received the notice of judgment and then nothing else for awhile and then wages were all of a sudden garnished around Christmas time or so 2009 and it's already been paid by wage garnishment. NOW, almost 7 months after the judgment date, the defendant is just now getting the AFFIDAVIT that's called ALIAS PROCESS OF GARNISHMENT.
The clerk's office says that the judgment has been paid and it's just sitting there in the court and the plaintiff can't get their money until they know the defendant has been served with the process of garnishment. Well, now the defendant HAS received it via certified mail almost 7 months after the judgment and a few months after the judgment has already been paid via wage garnishment. So, now the plaintiff will receive the money that's in the court. But, does the defendant have a claim against the creditor because of the garnishment being done before receiving notice of it?
If a person was served via certified mail about a small claims case from a creditor and they never answered and then the creditor received a default judgment. Wouldn't the creditor still have to notify the defendant about the garnishment BEFORE the garnishment took place?
This is regarding a default judgment back at the beginning of September 2009. The defendant received the notice of judgment and then nothing else for awhile and then wages were all of a sudden garnished around Christmas time or so 2009 and it's already been paid by wage garnishment. NOW, almost 7 months after the judgment date, the defendant is just now getting the AFFIDAVIT that's called ALIAS PROCESS OF GARNISHMENT.
The clerk's office says that the judgment has been paid and it's just sitting there in the court and the plaintiff can't get their money until they know the defendant has been served with the process of garnishment. Well, now the defendant HAS received it via certified mail almost 7 months after the judgment and a few months after the judgment has already been paid via wage garnishment. So, now the plaintiff will receive the money that's in the court. But, does the defendant have a claim against the creditor because of the garnishment being done before receiving notice of it?
